Snoozle Limited Terms of ServicE

Effective: 01 June 2018

Good Morning!

Thank you for deciding to use Snoozle and our other products and services, all of which we refer to simply as the “Services”.

These Terms of Service (the “Terms”) govern our relationship with you. These Terms form a legally binding contract between you and Snoozle Limited, so please take the time to read them. By using the Services, you agree to the Terms.

Snoozle has originally been created for personal use. If you’re using the services on behalf of a business, then please ensure you have permission from your business, and know that you will still be bound by these Terms.

1. Who can use the services

No one under 12 is allowed to create an account or use the Services. Creating an account confirms that you are over the age of 12.

By using the Services, you state that:

You can form a binding contract with Snoozle Limited.

You are not a person who is barred from receiving the Services under the laws of any applicable jurisdiction.

You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights we grant you

Snoozle Limited grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission to do so.

3. Rights you grant us

Our Service lets you create, upload, post, send, receive and store content, mostly audio. When you do that, you retain whatever ownership rights in that content you had to begin with. However, you grant us a licence to use that content. You grant Snoozle Limited royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting and improving the range of Services we offer now and in the future.

Though we’re not required to do so, we may access and delete your content at any time and for any reason, including if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send or store through the Services.

The Services may contain advertisements. In consideration for Snoozle Limited letting you access and use the Services, you agree that we, Snoozle Limited, our affiliates and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you provide us or we collect or obtain about you. Advertising may sometimes appear near your content, because the Services contain content that you and other users provide us.

We always love to hear from our users. If you provide feedback or suggestions we reserve the right to use your ideas without compensating you. This is to enhance the experience of you and other users.

4. The content of others

Much of the content on our Services is produced by users. Regardless of its origin and whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Snoozle Limited reserves the right to review all content that appears on the Services, we can't – and don't – take responsibility for any content that others provide through the Services.

Through these Terms we make it clear that we don't want the Services to be put to bad uses. However, because we don't review all content, we unfortunately cannot guarantee that content on the Services will always conform to our Terms.

5. Privacy

Your privacy matters to you, and it matters to us. You can learn how your information is treated when you use our Services by reading the Privacy Policy. We encourage you to do this.

6. Respecting the rights of other people

Snoozle Limited actively endorses respecting the rights of others, and we expect our users to respect others too. You therefore may not use the Services in a way that:

We take reasonable steps to remove from our Services any copyright infringing material that we become aware of. Snoozle Limited will take reasonable steps within our power to terminate the user’s account, if we become aware that one of its users has repeatedly infringed copyrights.

If you believe that anything on the Services infringes a copyright that you own or control, please contact us by emailing phil@snoozleuk.com.

8. Safety

We try hard to keep our Services a safe place for all users, but we require our users to help! By using the Services, you agree that:

You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users' information.

You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.

You will not use or attempt to use another user’s account, username or password without their permission.

You will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence.

You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

You will not probe, scan or test the vulnerability of our Services or any system or network.

You will not encourage or promote any activity that violates these Terms.

9. Your account

You are responsible for any activity that occurs in your Snoozle account. It is therefore important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

You will not create more than 1 account for yourself.

You will not create another account if we have already disabled your account, unless you have our written permission to do so.

You will not buy, sell, rent or lease access to your Snoozle account.

You will not share your password.

You will not log in or attempt to access the Services through unauthorised third-party applications or clients.

10. Data charges and mobile phones

You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

11. Modifying the services and termination

We are a start-up company with a big mission to change the way the world wakes up, and we are incredibly grateful that you have chosen to add Snoozle into your daily routine. We hope that you continue using our Services for the rest of your life! However, if you wish to terminate these terms at any time, you can do so by deleting your account.

We are always looking to improve our Services and to create new ones. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We reserve the right to do this at any time, and without necessarily informing our users.

Snoozle Limited may also terminate these Terms with you at any time, for any reason. We will try to give you advance notice, but we cannot guarantee it. We may also deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.

12. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Snoozle Limited, directors, officers, stockholders, employees, licensors and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

13. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties, conditions, or other terms relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or arising from a course of dealing. In addition, while Snoozle Limited attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.

Snoozle Limited takes no responsibility and assumes no liability for any content that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which Snoozle Limited will be responsible for.

14. Limitation of liability

When permitted by law, Snoozle Limited and our directors, officers, stockholders and employees, will not be liable for any indirect, incidental, special, consequential, punitive or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content.

15. Dispute resolution and arbitration

If you have a concern please contact us first and we’ll do our best to resolve the issue. You can email us at phil@snoozleuk.com and we endeavour to respond to any reasonable concern within 30 days.

16. Exclusive venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snoozle Limited agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom. You and Snoozle Limited consent to the exclusive jurisdiction of those courts.

17. Choice of law

The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.

18. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

19. Revisions to the Terms of Service

We may change this Terms of Service from time to time. When we do, we will let you know by revising the date at the top of the Terms of Service that’s available on our website (and there is a link from our mobile application).

20. Final terms

These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Snoozle Limited and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

If we do not enforce a provision in these Terms, it will not be considered a waiver.

We reserve all rights not expressly granted to you.

You may not transfer any of your rights or obligations under these Terms without our consent.

The company responsible for the Services is called Snoozle Limited and is located in the United Kingdom at iCentrum, Holt Street, Birmingham Science Park, Aston Birmingham, B7 4BP. Registered company number: 09453310. Authorised representative: Phil Neale, Director.

Snoozle Limited Privacy Policy

Effective: 01 June 2018

Good Morning!

Snoozle is a fun way to make the first minute of every day better, by changing the way you and your friends wake up. Throughout the day you can send voice notes to friends around the world, leave reminders for yourself, and wake up to the content you’ve received at the time you set your Snoozle alarm.

When you use these services you will share some information with us, so we want to be upfront about the information we collect and what we do with it.

Information we collect

There are 2 types of information we collect:

Information you choose to give us.

Information we get when you use our services.

Information you choose to give us

When you interact with our services, we collect the information that you choose to share with us. For example, to use our services you are required to create a Snoozle account. To create your Snoozle account we need to collect some details about you, such as your email address, a unique username you’d like to use and a password. To help you and your friends find each other, we also give you the option to create a profile that is publicly visible on our services, including your first name, last name and a profile picture.

Of course, you’ll also provide us whatever information you send through the services, such as Snoozles to your friends. Our services themselves do not facilitate the saving of Snoozles, but keep in mind that the users you send Snoozles to can always save that content or copy it outside the app. Therefore, like you would on other social messaging platforms, please demonstrate common sense when using our services, and do not share anything that you wouldn’t like saved and shared.

Information we get when you use our services

When you use our services, we collect information about how you’ve used them. We might know, for instance, when you listened to the Snoozles you received, or how frequently you set your Snoozle alarm.

Here’s a fuller explanation of the types of information we may collect when you use our services:

Usage information. We collect information about your activity through our services. For example, we may collect information about how you interact with the services and how you communicate with other Snoozle users, such as when you send Snoozles, who you send them to and which friends you send Snoozles to the most.

Device phonebook. Snoozle is better with friends, and so we may – with your consent – collect information from your device’s phonebook.

Microphone and photos. Our core service requires us to collect audio from your microphone, and to upload a profile picture we need access to your images and other information from your device’s camera and photos.

Location information. When you use our services, we may collect information about your location. This can also help us tailor the Snoozle experience to better suit your needs. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points and other sensors such as gyroscopes, accelerometers and compasses.

Information collected by cookies and other technologies. Like most online services and mobile applications, we may use cookies and other technologies such as web beacons, web storage and unique advertising identifiers to collect information about your activity, browser and device.

Log information. We also collect log information when you use our website. That information includes, among other things; details about how you’ve used our services, device information, such as your web browser type and language, pages viewed and pages you visited before or after navigating to our website.

How we use information

We collect information from you to better understand how our users interact with and use Snoozle services, which helps us improve as a service and as a business.

Send you communications, including by email. For example, we may use email to respond to support enquiries or to share information about our products, services and promotional offers that we think may interest you.

Monitor and analyse trends and usage.

Personalise the services Snoozle offers you.

Enforce our Terms of Service and other usage policies.

We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.

How we share information

We may share information about you in the following ways:

We may share the following information with other Snoozle users:

information about you, such as your username, name, website and profile picture.

any additional information you have given us consent to share. For example, when you let us access your device's phone book, we may share information about you with other users who have your phone number in their device's phone book.

content you post or send will be shared with other Snoozle users; how widely your content is shared depends on your personal settings selected within the app.

We may share public information such as your name, username, and profile picture with potential business partners and the general public.

We may share your information with third parties for legal reasons if we reasonably believe that disclosing the information is needed to:

investigate, remedy, or enforce potential Terms of Service violations.

protect our, our users' or others' rights, property and safety.

detect and resolve any fraud or security concerns.

With third parties as part of a merger or acquisition. If Snoozle Limited gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

We may also share with third parties – such as advertisers – aggregated, non-personally identifiable or de-identified information.

How long we keep your content

Snoozle lets you help create tomorrow by recording funny, cute, informative, interesting or completely random voice notes for your friends to wake up to. Therefore, once your friends have heard that content, we keep it for 24 hours so they can listen to it back from the News Feed, before we automatically delete it.

Some of your friends won’t set their Snoozle alarm every day. Snoozles you have sent to them will be stored on our servers until they set their next alarm, to ensure the content you’ve created and shared is heard.

Our systems are designed to carry out our deletion practices automatically, but we cannot promise that deletion will occur within a specific time frame. We may also need to suspend those deletion practices if we receive valid legal process asking us to preserve content, or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.

International

We welcome Snoozle users from all over the world, but please keep in mind that no matter where you live or where you use our services, your information may be shared in accordance with our Terms of Service and Privacy Policy. This means that we may collect your personal information from, transfer it to, and store and process it in the United Kingdom and other countries outside of where you live.

Children

We do not direct our services to anyone under the age of 11, and their use is not intended for anyone under the age of 12. We do not knowingly collect personal information from anyone under the age of 12.

Revisions to the Privacy Policy

We may change this Privacy Policy from time to time. When we do, we will let you know by revising the date at the top of the Privacy Policy that’s available on our website (and there is a link from our mobile application).

The company responsible for the Services is called Snoozle Limited and is located in the United Kingdom at iCentrum, Holt Street, Birmingham Science Park, Aston Birmingham, B7 4BP. Registered company number: 09453310. Authorised representative: Phil Neale, Director.